Az EBA számos, az AML/CFT elleni küzdelmet támogató úgynevezett „Factsheet” és „QnA honlapján történő közzétételével segíti a felügyelt szolgáltatókat a kapcsolódó elvárásoknak való megfelelésben.
I. Factsheets
II. QnA-k
Do the agents and distributors who are operating in a Member State (MS) or other MSs under the right of establishment based on Article 28 and 29 of PDS2 also fall under the scope of the Delegated Regulation (EU) 2018/1108 and are considered to be establishments (regardless of the way of the operation, distribution, e.g. tied agent or independent distributor, etc. ) under the AML regulation including the Delegated Regulation (EU) 2018/1108?
In the case where the Payment Initiation Service Provider (PISP) has a business relationship as defined under Article 3(13) of Directive (EU) 2015/849 (AMLD) with the payee, and not with the payer, would it still be considered an occasional transaction for the payer, as the service is provided as a single transaction for the initiation of a payment order from the account that belongs to the payer?
Does the term of outsourcing (paragraphs 12 and 26) of EBA GL/2019/02 include performing of customer due diligence by third parties under Section 4 of the AMLD4, i.e. whether or not the application of GL/2019/02 to Performance by third parties would be in violation of the AMLD4?
Are “triangular” passports possible under the current legal framework governing the passporting rights among the EU Member States?
If an e-money institution (EMI) sells, through an external network of points of sale, pre-paid non-reloadable vouchers of a fixed value that can only be used to top-up e-money accounts opened with such EMIs, shall the sale of such vouchers be considered as distribution of e-money for the purposes of Directive 2009/11/EC (EMD2)?
1. To what extend do AISPs need to comply with the obligations in relation to anti-money laundering and terrorist financing under Directive (EU) 2015/849 of the European Parliament?
2. Is a requirement for AISPs on the basis of national law and national supervisory practices to submit to the competent supervisor a description of the internal control mechanisms with regard to AML regulations compliant with PSD2 and EBA’s Guidelines on Guidelines on authorisation and registration under PSD2?
Does the phrase “data related to their customers” under Article 6 of the Delegated Regulation refer to personal customer data (as defined by EU Regulation 2016/679) or general data for management purposes (e.g. descriptive statistics on the number of customers, customer risk distribution, etc.)?
Does the requirment under Article 5 of the Delegated Regulation refer to the sharing of information on the underlying data of the Suspicious Activity report (SAR) (e.g. transactions, customer data) without disclosing whether the SAR was filed and sent to the local authorities of the third country?
Is there the expectation that such consent clauses, under Article 4 of the Delegated Regulation, be incorporated into contracts on a go-forward basis from the date the Regulation entered into force (i.e. with new customers and existing customer contract renewals) or is there the expectation that all existing customer contracts will be remediated to meet this requirement? What approach should be used with former customers?
Is it in line with a) EBA/GL/2017/11 (Guidelines on internal governance) under Directive 2013/36/EU and b) with monitoring/advisory nature of the Compliance Function as a second line of defense, that the Compliance function in a Credit Institution is the main responsible for:establishing and maintaining compliance with anti-money laundering (AML) regulatory requirements?achieving and establishing compliance with personal data protection (GDPR) or FATCA&CRS (tax reporting) regulation?internal and external fraud prevention i.e. Fraud Management?